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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Kti Logistics And Services Pvt. Ltd. – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the petition and property details. (Para 1 , 2) |
| 2. arguments regarding stamp duty on security deposit. (Para 3) |
| 3. court's analysis of the relevant stamp duty articles. (Para 4 , 5) |
| 4. determination of the appropriate stamp duty. (Para 6) |
| 5. final judgment and directions to refund. (Para 7) |
JUDGMENT :
1. The petitioner by way of this writ petition has invoked the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India praying to set aside the orders dated 29.11.2022, 21.12.2022,12.01.2023 and 05.04.2023 under Annexure- 1 series by which the claim of the Petitioner for refund of the stamp duty and registration charges on security amount paid to execute the lease under Annexure-3 has been turned down.
2.1. In response to the the notice of the writ petition, OP Nos. 3 to 6 filed their joint counter affidavits stating interalia the following:-
On the above averments, it is contended by OP Nos.3 to 6 in their counter affidavits that the Sub-Registrar, Jagatpur, Cuttack has not committed any mistake in calculating the stamp duty and registration fees on the security deposit like all other lease deeds registered in Odisha f
Security deposits for leases, being refundable, are not subject to stamp duty under Article 35(c) but may be chargeable under Article 57 of the Stamp Act when adjusting against rent or lease obligati....
Allowance for spoiled stamps – As per tenor of instrument, hence there was no unjust enrichment of State because stamp duty paid to it was as per provisions of Stamp Act. No doubt, Stamp Act provides....
An Agreement to Lease which does not create a present demise is classified as a license, not subject to stamp duty as a lease under relevant statutory provisions.
The main legal point established in the judgment is the distinction between 'gift' and 'lease' under the Stamp Act and the applicability of stamp duty on the transfer of leasehold rights, which was h....
The supplementary lease deed constitutes a transfer of lease, not a new lease, and is subject to stamp duty under Article 63 of the Indian Stamp Act, not Article 35(a).
Imposition of registration penalty is unjustified if delay is not attributable to the executant, as established in the Indian Registration Act and supported by case law.
The main legal point established in the judgment is the interpretation of the nature of the document, the requirement for registration and stamp duty, and the duty of the Court to ensure compliance w....
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